Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36772
Docket No. CL-37155
03-3-02-3-125
The Third Division consisted of the regular members and in addition Referee Rodney
E. Dennis when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (Amtrak)
STATEMENT OF CLAIM:
"Claim of the System Committee of the Organization (GL-12798) that:
(A) The Carrier violated the Amtrak-Northeast Corridor Clerk's rules
Agreement, particularly Rule(s) the Extra List, 4-A-4, 4-A-1 and
other rules that may apply when the Carrier failed to work Claimant
P. Boebme on the Baggageman Counter position, symbol No. B-4, at
New York Penn Station on July 2, 2000 but instead worked junior
employee L. Harrison.
(B) Claimant P. Boehme now be allowed eight (8) hours pay at the
punitive Baggageman rate for July 2, 2000.
(C) Claimant was available and should have been allowed to work in
accordance with Rules Agreement.
(D) This claim has been presented in accordance with Rule 25 and
should be allowed."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and an the
evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute are
respectively carrier and employee within the meaning of the Railway Labor Act, as approved
June 21,1934.
Form 1 Award No. 36772
Page 2 Docket No. CL-37155
03-3-02-3-125
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
Claimant Paul Boehme is employed by the Carrier as a Baggageman at Penn
Station, New York. On July 27, 2000, the Organization filed a claim on behalf of the
Claimant alleging that on July 2, 2000, the Claimant was by-passed for an overtime
assignment that was covered by a less senior employee than him. It alleged that the
Carrier violated numerous Rules involving overtime work. The Organization requests pay
of eight hours at the overtime rate to make the Claimant whole for not being assigned the
overtime work.
The Carrier denied the claim on the basis that the Claimant was asked if be wanted
to work the overtime and refused. It produced a staffing record for July 2, 2000 that
indicated at 2:55 on that day the Claimant was asked to work and he responded "no."
The Board reviewed the record before it and has concluded that it supports the
Carrier's position.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that an
Award favorable to the Claimants) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 29th day of December 2003.